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HomeMy WebLinkAboutOrdinance 17274-11-2006ORDINANCE NO. 17274-11-2446 AN ORDINANCE AIVIENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING CHAPTER 4, "DISTRICT REGULATIONS", TO ADD SECTION 4.1241 REQUIRING A CERTIFICATE OF APPROPRIATENESS FOR NEW CONSTRUCTION AND CERTAIN RENOVATIONS IN THE TRINITY UPTOWN DISTRICT; PROVIDING AN APPEALS PROCESS; PROVIDING THAT TINS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PR®VIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN TIIE OFFICIAL NEWSPAPER.; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council adopted Ordinance No. 17273 on September 7, 2006, establishing the Trinity Uptown District and adopting development standards and guidelines applicable to certain development projects in the Trinity Uptown area; and WHEREAS, the Downtown Design Review Board was authorized by an amendment to Ordinance No. 14$94 to review applications for certificates of appropriateness for Trinity Uptown development projects subject to the Trinity Uptown Development Standards and Guidelines; and WHEREAS, the Downtown Design Review Board will be responsible for reviewing development proposals in the newly formed Trinity Uptown District and approving such proposals by authorizing the issuance of certificates of appropriateness; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. Chapter 4 of Ordinance No. 13896, the zoning ordinance of the City of Fort Worth, "District Regulations", is amended to include a new Section, 4.1201, "Trinity Uptown District" to add procedures for the approval of a Certificate of Appropriateness far the "Trinity Uptown District" to read as follows. 4. Trinity iJptown District A. Certificate of Appropriateness 1(tequired Within the Trinity Uptown District, issuance of a certificate of appropriateness reflecting compliance the Trinity Uptown Development Standards and Guidelines is required as a condition far the following: 1. Acceptance by the Development Department of an application for a building permit for construction of a new structure; 2. Acceptance by the Development Department of an application for a building permit for expansion of an existing structure; 3. Acceptance by the Development Department of an application for a building permit for renovation, remodeling or other alteration of an existing structure; and 4. Construction of a surface parking lot. 13. Pre-Design Conference A pre-design conference with the Planning Director ar a designee is required before an applicant makes application for a certificate of appropriateness. Two copies of a site plan containing the following information shall be submitted to the Planning Director for discussion at the pre-design conference: 1. 1?aotprints of all existing structures 2. Proposed footprints of all new structures 3. Existing structures adjacent to the property 4. Existing and proposed floor plans (schematic drawings) 5. Building setbacks 6, Location of parking areas 7. Location of landscape areas 8. Two copies of building elevations for all sides of the building{s} 9. Photographs of the site and adjoining properties C. Application for Certificate of Appropriateness The following materials shall be submitted to the Planning Department in connection with an application for a certificate of appropriateness. The materials must be submitted at least twenty-one days before the meeting of the Design Review Board at which the application for a certificate of appropriateness will be 2 considered. Nine copies of site plan including a. Footprints of all existing structures b. Proposed footprint of all new structures c. Existing structures adjacent to the property d, Building setbacks e. Location of parking areas, parking lot islands, driveways, sidewalks, walkways, loading areas, walls ox fences, utilities, lighting, signage, at-grade mechanical units, dumpsters, and all other site improvements. 2. Nine copies of landscape plan including Iocation and dimension of areas to be landscaped (including private property, adjoining right-af way and parking lot islands), total amount of landscaped area, Iocation, number and planting size of all trees, shrubs, and groundcover, location and coverage of irrigation system, and location and description of street fuxniture. Nino copies of schematic floor plans depicting the arrangement of interior spaces, location of windows and doors, mechanical equipment, electrical meter and utility locations. First floor site plans should show the relationship between the first floor and the site. 4. Nine copies of schematic building elevations for all sides of the building(s) showing design of all elevations, existing grade, proposed grade, finish Haar elevations, roof slopes, mechanical vents and equipzxzent, location and type of outdoor light fixtures, design and location of all wall sign(s) and notations regarding exterior coloxs and material; Material specification outline with samples, brochures and/or photographs of all exterior building and site materials, finishes and fixtures. 6. For all detached signs, nine site plans drawn to scale indicating sign location and drawings of proposed sign, lettering and graphics, drawn to scale of at least one-quarter inch to the foot including any support structures. Colors of the proposed sign shall be indicated on the drawing and actual color samples shall also be furnished. Any proposed illumination shall be indicated on the drawing. D. Authority tc- Approve Certil"ieate ©~ Appropriateness The Downtown Design Review Board is hereby charged with the duty and invested with the authority ta: 1. Enforce the Trinity Uptown Development Standards and Guidelines for new construction and renovations by hearing and deciding applications for certificates of appropriateness in accordance with Section X1.908 and 4.1201; and, 2. Propose amendments to the Trinity Uptown Development Standards and Guidelines to the Zoning Commission and City Council froze tune to time. E. Appeal Appeals Board a. All decisions by the Downtown Design Review Board may be appealed to the Appeals Board by the applicant. A written notice of appeal must be filed with the City Secretary within ten days after receipt of notification of the Downtown Design Review Board's decision. The written notice of appeal shall specify: i. That the decision of the board is unreasonable, either in whole or in part; and ii. The grounds for the appeal. b. The Appeals Board shall schedule a hearing on such appeal within 30 days after receipt of the native of appeal, or as soon thereafter as reasonably practicable. The Secretary of the Downtown Design Review Board shall forward to the Appeals Board a complete record of the matter, including a transcript of the tape of the hearing before the Downtown Review Board. 1n consideration of an appeal, the Appeals Board shall: i. Hear and consider testimony and evidence concerning the previous recommendations and actions of the city staff and the Downtown Design Review Board; ii. Hear new testimony and consider new evidence that was not available at the time of the hearing before the Downtown Design Review Board, iii. Apply the substantial evidence test to the decision of the Downtown Design Review Board, considering the record made before the Downtown Design Review Board; iv. Have the option to remand any case back to the Downtown Design Review Beard for further proceedings. c. The Appeals Board may uphold, reverse or modify the decision of the Downtown Design Review Board unless a continuance is agreed to by the owner/appellant. d. A hearing before the Appeals Board shall exhaust the administrative remedies of the property owner/appellant under this title. Any owner/appellant aggrieved by the decision of the Appeals Board may file in Distxict Court. SECTZ~N 2. Except as expressly amended, all provisions of the Ordinance No. 13896, as amended, shall remain in full force and effect. 4 SECTION ~. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fart Worth, Texas (1986), as mended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTT®N 4. 1t is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if azry phrase, clause, sentence, paragraph. or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SEC'T'ION 5. Any person, firm or corporation who violates, disobeys, omits, neglects ax refuses to comply with ar who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation exists shall constitute a separate offense. SEC'T'ION 6. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No. 3011, Ordinance Na. 13896, or any other ordinances affecting zoning that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether 5 pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SEC'TIQI~ 7. The City Secretary of the City of part Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two {2) days in the official newspaper of the City of l~'ort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. SECTI[®1®1$e This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: kN[~~. Assistant City Attorney ADOPTED: 1~~~_, ~ , El~FECTIVE: ,.,... 6